[Federal Register: September 27, 2000 (Volume 65, Number 188)]
[Proposed Rules]
[Page 58032-58033]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se00-23]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AF41
Endangered and Threatened Wildlife and Plants; Reopening of
Comment Period, Notice of Public Hearings, and Clarification of Special
Rule on Proposed Threatened Status for Chiricahua Leopard Frog
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period, notice of public
hearing, and clarification.
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SUMMARY: We, the U.S. Fish and Wildlife Service give notice that the
comment period is reopened and that public hearings are scheduled on
the proposed rule to list the Chiricahua leopard frog as threatened
with a special rule. The hearings and the reopening of the comment
period will allow all interested parties to submit oral or written
comments on the proposal. We also clarify the extent of lands to which
a proposed special rule for the frog would apply.
DATES: We will hold the public hearings 7 p.m. to 9 p.m. on October 10,
2000, in Silver City, New Mexico; and October 11, 2000, in Bisbee,
Arizona. The comment period for this proposal is now reopened until
November 13, 2000. Comments must be received by the closing date. We
will not consider any comments we receive after the closing date in the
final decision on the proposal.
ADDRESSES: We will hold the public hearings at Light Hall Auditorium,
Western New Mexico University, 1000 College Street, Silver City, New
Mexico; and Bisbee High School Auditorium, School Terrace Road (south
of Highway 92), Bisbee, Arizona. Send written comments to the Field
Supervisor, U.S. Fish and Wildlife Service, 2321 W. Royal Palm Road,
Suite 103, Phoenix, Arizona 85021. Comments and materials received will
be available for public inspection, by appointment, during normal
business hours at the above Fish and Wildlife Service address.
FOR FURTHER INFORMATION CONTACT: Jeffrey A. Humphrey, at the above
address (602-640-2720).
SUPPLEMENTARY INFORMATION:
Background
We published a proposed rule to list Chiricahua leopard frog (Rana
chiricahuensis) as threatened pursuant to the Endangered Species Act of
1973, as amended (Act) in the Federal Register on June 14, 2000 (64 FR
37343). The Chiricahua leopard frog is now absent from many historical
localities and numerous mountain ranges, valleys, and drainages within
its former range. In areas where it is present, populations are often
few, small and widely scattered. Known threats include habitat
alteration, destruction, and fragmentation; predation by nonnative
organisms; and disease. Problems associated with small population
numbers and size, and adverse effects from water-borne contaminants may
also threaten the species.
Concurrently with publication of the proposed rule to list the
Chiricahua leopard frog as threatened, we published a proposed special
rule under 4(d) of the Act to amend regulations at 50 CFR 17.43. The
special rule stated that ``. . . incidental take of the Chiricahua
leopard frog will not be considered a violation of section 9 of the
Endangered Species Act of 1973, as amended (Act), if it results from
livestock use of or maintenance activities at livestock tanks located
on private or tribal lands.'' The intent of the special rule was to
encourage continued conservation of Chiricahua leopard frog habitat in
livestock tanks on all non-Federal lands, rather than limiting the
conservation incentive to just private and tribal lands. Incidental
take of Chiricahua leopard frogs during operations and maintenance of
livestock tanks on Federal lands will be reviewed under the section 7
consultation process.
Clarification of Special Rule
3. We propose to amend 50 CFR 17.43 by adding paragraphs to read as
follows:
Sec. 17.43 Special rules-amphibians.
* * * * *
(b) What species is covered by this special rule? Chiricahua
leopard frog (Rana chiricahuensis).
[[Page 58033]]
(1) What activities are prohibited? Except as noted in paragraph
(b)(2) of this section, all prohibitions of Sec. 17.31 will apply to
the Chiricahua leopard frog.
(2) What activities are allowed on non-Federal land? Incidental
take of the Chiricahua leopard frog will not be considered a violation
of section 9 of the Endangered Species Act of 1973, as amended (Act),
if it results from livestock use of, or maintenance activities at,
livestock tanks located on any non-Federal lands. A livestock tank is
defined as an existing or future impoundment in an ephemeral drainage
or upland site constructed primarily as a watering site for livestock.
Comments Solicited
Pursuant to 50 CFR 424.16(c)(2), we may extend or reopen a comment
period upon finding that there is good cause to do so. Full
participation of the affected public in the species listing process,
allowing us to consider the best scientific and commercial data
available in making a final determination on the proposed action, is
deemed as sufficient cause. Additionally, this reopened comment period
will allow the public to consider and comment on the clarification of
the special rule provided in this notice.
Section 4(b)(5)(E) of the Act, as amended (16 U.S.C. 1531 et seq.),
requires that a public hearing be held if it is requested within 45
days of the publication of a proposed rule. In response to 11 such
requests, we will hold two public hearings (see DATES and ADDRESSES).
Anyone wishing to make an oral statement for the record is
encouraged to provide a written copy of their statement and submit it
at the start of the hearing. In the event there is a large attendance,
the time allotted for oral statements may have to be limited. Oral and
written statements receive equal consideration. There are no limits to
the length of written comments submitted at the hearings or mailed to
the Fish and Wildlife Service.
The comment period on this proposal closed on September 12, 2000.
In order to accommodate public hearings, we now reopen the public
comment period. Written comments may now be submitted until October 27,
2000, to our office in the ADDRESSES section.
Author: The primary author of this notice is James Rorabaugh (see
ADDRESSES).
Authority: The authority for this action is the Endangered
Species Act of 1973 (16 U.S.C. 1531-1544).
Dated: September 20, 2000.
Nancy M. Kaufman,
Regional Director, Region 2, Fish and Wildlife Service.
[FR Doc. 00-24758Filed 9-26-00; 8:45 am]
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